BILL 33 – 2007
ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 -- Ministry Statutes Amendments

 
Administrative Tribunals Act

1 Section 5 of the Administrative Tribunals Act, S.B.C. 2004, c. 45, is amended

(a) by renumbering the section as section 5 (1),

(b) in subsection (1) by striking out "duty" and substituting "full duty", and

(c) by adding the following subsection:

(2) The appointment of a person to replace a member under subsection (1) is not affected by the member returning to less than full duty.

2 Section 6 (2) is amended by striking out "once" and substituting "twice".

3 The following sections are added:

Discretion to decline jurisdiction to apply
the Human Rights Code

46.1 (1) The tribunal may decline jurisdiction to apply the Human Rights Code in any matter before it.

(2) Without limiting the matters the tribunal may consider when determining whether to decline jurisdiction under subsection (1), the tribunal may consider whether, in the circumstances, there is a more appropriate forum in which the Human Rights Code may be applied.

(3) If, in an application before the tribunal, a party or an intervener raises the question of whether there is a conflict between the Human Rights Code and any other enactment, the party or intervener must serve notice on the Attorney General in accordance with this section.

(4) The notice must contain the following information:

(a) the names and addresses for delivery of the parties and interveners to the application;

(b) the name of the tribunal and address of the tribunal's registry;

(c) any identification numbers assigned by the tribunal to the application;

(d) the section of the enactment and the section of the Human Rights Code that may conflict and the basis on which the question of a conflict arises;

(e) the date, time and location of any hearing scheduled by the tribunal to consider the question.

(5) The notice must be served on the Attorney General at least 14 days before the date of any hearing scheduled by the tribunal to consider the question, unless the Attorney General, in writing, waives this requirement.

(6) The tribunal may not hear the question of whether there is a conflict between the Human Rights Code and any other enactment until after the Attorney General has been served with notice in accordance with this section.

(7) If the party or intervener required to serve notice on the Attorney General does not provide proof of service satisfactory to the tribunal, the tribunal may

(a) adjourn the hearing of the question until the party or intervener provides proof of service satisfactory to the tribunal, or

(b) decline to consider the question and proceed to hear the remainder of the application.

(8) If the Attorney General has been served with notice in accordance with this section and intends to appear at the hearing scheduled to consider the question, the Attorney General

(a) must give notice to the tribunal and the parties and interveners to the application at least 3 days before the date of the hearing, and

(b) has the same rights as any other party to the hearing.

(9) Subsections (3) to (8) do not apply if the Attorney General is representing a party or intervener in the application before the tribunal.

(10) This section applies to all applications made before, on or after the date that this section applies to a tribunal.

Limited jurisdiction and discretion to decline jurisdiction
to apply the Human Rights Code

46.2 (1) Subject to subsection (2), the tribunal may decline jurisdiction to apply the Human Rights Code in any matter before it.

(2) The tribunal does not have jurisdiction over a question of whether there is a conflict between the Human Rights Code and any other enactment.

(3) Without limiting the matters the tribunal may consider when determining whether to decline jurisdiction under subsection (1), the tribunal may consider whether, in the circumstances, there is a more appropriate forum in which the Human Rights Code may be applied.

(4) This section applies to all applications made before, on or after the date that this section applies to a tribunal.

Tribunal without jurisdiction to apply
the Human Rights Code

46.3 (1) The tribunal does not have jurisdiction to apply the Human Rights Code.

(2) Subsection (1) applies to all applications made before, on or after the date that the subsection applies to a tribunal.

 
Agricultural Land Commission Act

4 Section 55 (5) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by adding "46.3," after "44,".

 
Assessment Act

5 Section 31 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

(a) in subsection (6) by striking out "duty" and substituting "full duty",

(b) by adding the following subsection:

(6.1) The appointment of a person to replace a member under subsection (6) is not affected by the member returning to less than full duty. , and

(c) in subsection (7) by adding "46.3," after "44,".

6 Section 43 (3) is amended by adding "46.3," after "44,".

 
Business Practices and Consumer Protection Act

7 Section 175 (4) of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is amended by striking out "40 (5)" and substituting "40 (5), 46.3".

 
Community Care and Assisted Living Act

8 Section 29 (1.2) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended by adding "46.2," after "44,".

 
Court of Appeal Act

9 Section 25 (1) of the Court of Appeal Act, R.S.B.C. 1996, c. 77, is amended by adding "or if a certificate of readiness has been filed within that period but a notice of hearing has not been filed within 2 months after the filing of the certificate of readiness," after "notice of application for leave to appeal,".

 
Employment and Assistance Act

10 Section 19.1 of the Employment and Assistance Act, S.B.C. 2002, c. 40, is amended by adding "46.3," after "44,".

 
Employment Standards Act

11 The Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following section to Part 10:

Director without jurisdiction to apply
the Human Rights Code

86.2 (1) The director does not have jurisdiction to apply the Human Rights Code.

(2) Subsection (1) applies to all matters brought before, on or after the date that the subsection applies to the director.

12 Section 103 is amended by adding "46.3," after "46,".

 
Evidence Act

13 Section 35 of the Evidence Act, R.S.B.C. 1996, c. 124, is amended

(a) in the definition of "photograph" in subsection (1) by adding "electronic images," after "prints,",

(b) in subsection (2) by striking out "A photograph" and substituting "Subject to subsection (2.1), a photograph", and

(c) by adding the following subsection:

(2.1) Nothing in subsection (2) requires the government or the court to provide or make available any equipment, facility or technology to allow or facilitate the introduction into evidence of any photograph in any form or format in which the photograph may be tendered as evidence.

 
Family Maintenance Enforcement Act

14 Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended in paragraph (a) of the definition of "court" by striking out "29.2 (2), 31," and substituting "29.2 (2), 30.1, 31,".

15 Section 8 is amended

(a) by adding the following subsections:

(1.1) For the purpose of determining whether enforcement proceedings may be taken against a corporation in which a debtor, or an immediate family member as defined in section 14.2 (1), has an interest, the director may demand from any person or public body, including the government, information that

(a) is in a record in the possession or control of that person or public body, and

(b) concerns the particulars of the interest in that corporation of the debtor or immediate family member.

(1.2) For the purpose of enforcing a maintenance order that is filed with the director, the director may demand from any person or public body, including the government, information that is in a record in the possession or control of that person or public body and concerns the location, address or place of employment of a creditor.

(1.3) For the purpose of protecting the safety of a creditor or debtor who is the subject of a maintenance order that is filed with the director, or the safety of a child of the debtor or creditor, the director may demand from any person or public body, including the government, information that

(a) is in a record in the possession or control of that person or public body, and

(b) concerns an order made for the protection of the creditor, debtor or child under section 810, 810.1 or 810.2 of the Criminal Code or section 37, 38 or 126 of the Family Relations Act. ,

(b) in subsection (2) by striking out "Subsection (1) does not apply" and substituting "Subsections (1) to (1.3) do not apply", and

(c) in subsection (3) by striking out "demand under subsection (1)" and substituting "demand under subsection (1), (1.1), (1.2) or (1.3)".

16 Section 14 (2) and (3) is repealed and the following substituted:

(2) If a debtor fails to comply with an order under subsection (1) (a), the court may, on application by the director or the creditor,

(a) issue a summons requiring the debtor to appear before the court at the time and place specified in the summons to show cause why the order should not be enforced,

(b) issue a warrant authorizing the apprehension of the debtor to bring the debtor before the court to show cause why the order should not be enforced, or

(c) if the debtor is before the court and the court finds that the debtor is capable of complying with the order, order the debtor to be imprisoned for a term not longer than 30 days.

17 Section 15 is amended

(a) by adding the following subsections:

(3.1) Subject to subsection (3.2), subsection (3) applies in respect of a notice of attachment served on a person that maintains a deposit account in the name of the debtor and one or more other persons as joint, or joint and several, account holders.

(3.2) For the purpose of subsection (3), if a notice of attachment is served in respect of a deposit account, each joint, or joint and several, account holder is presumed to own an equal share of the money credited to the deposit account and the attachee must, in the prescribed manner and within the prescribed time, provide the director and the joint, or joint and several, account holder with a notice that contains the prescribed information.

(3.3) Within 14 days of receiving the notice under subsection (3.2), a joint, or joint and several, account holder may apply to the court for an order that all or part of the money paid to the director by the attachee must be returned to the joint, or joint and several, account holder, and the court may make the order if satisfied that the joint, or joint and several, account holder owns all or part of the money paid to the director by the attachee.

(3.4) If the director receives a notice from an attachee under section (3.2), the director may release the money received with the notice, unless

(a) the director is served with notice of an application to the court under subsection (3.3), and

(b) the director receives an order under subsection (3.3) within 60 days of receiving the money attached under the notice of attachment. ,

(b) by adding the following subsection:

(8.1) In the case of a deposit account in the name of the debtor and one or more other persons as joint, or joint and several, account holders, payment by an attachee to the director discharges the attachee's obligation to the debtor and to the joint, or joint and several, account holder to the extent of the payment. , and

(c) by repealing subsection (9) and substituting the following:

(9) In this section:

"benefit" means a benefit as defined in the Pension Benefits Standards Act;

"deposit account" includes a demand account, a time account, a savings account, a passbook account, a chequing account, a current account, an account for prepaid debit or credit card payments or another similar account at any one of the following:

(a) a bank that is set out in Schedule I or Schedule II of the Bank Act (Canada);

(b) a financial institution as defined in the Financial Institutions Act;

(c) an extraprovincial corporation as defined in the Financial Institutions Act;

(d) a financial institution similar to one mentioned in paragraphs (a) to (c);

(e) a deposit business as defined in the Financial Institutions Act.

18 Section 17 (2) is amended by striking out "Sections 15 (2) to (8)" and substituting "Sections 15 (2) to (8.1)".

19 Section 23 is amended

(a) by repealing subsection (2) and substituting the following:

(2) If a debtor fails to appear before the court at the time and place indicated on a summons issued under subsection (1), the court may

(a) proceed with the committal hearing in the absence of the debtor and make an order under subsection (4), or

(b) issue a warrant for the arrest of the debtor for the purpose of bringing the debtor before the court for a committal hearing. , and

(b) by adding the following subsections:

(7.1) On application by a debtor who was ordered to be imprisoned at a hearing held in the debtor's absence under subsection (2) (a), the court may suspend, change or cancel the order if

(a) the application is made within a reasonable time after the order was made,

(b) the application is accompanied by the debtor's affidavit setting out the reasons why the debtor did not appear in accordance with the summons issued under subsection (1) and why the debtor did not pay the amount specified in an order made under section 21 (1) (d) or (11) (a), and

(c) the court is satisfied that there is a good reason for cancelling the order.

(7.2) If the court suspends or cancels an order under subsection (7.1), the court must set a new date for a committal hearing.

(7.3) On application by the director in relation to a debtor who was ordered to be imprisoned at a hearing held in the debtor's absence under subsection (2) (a), the court may suspend, change or cancel the order.

(7.4) An application under subsection (7.3) may be heard without notice to the debtor.

20 The following section is added:

Lottery winnings

25.1 (1) In this section:

"corporation" means the British Columbia Lottery Corporation;

"lottery" means a lottery scheme, as defined in section 1 (1) of the Gaming Control Act, that

(a) is conducted by the corporation in British Columbia, and

(b) involves the issuance of lottery tickets, as defined in section 1 (1) of the Gaming Control Act;

"prize" means a monetary prize awarded in a lottery.

(2) For the purposes of subsection (4), in relation to a debtor who is in arrears under a maintenance order filed with the director, the director may provide notice to the lottery corporation containing the following information:

(a) the name and address and other identifying information about the debtor;

(b) the amount owing under the maintenance order.

(3) The corporation must, in relation to the notice referred to in subsection (2), provide prescribed information to the director.

(4) If a debtor in relation to whom the corporation has received notice from the director under subsection (2) is entitled to a prize from the corporation that is over a prescribed amount, the corporation must

(a) deduct from the prize the amount owing under the maintenance order that is set out in the director's notice or the amount of the prize, whichever is less, and

(b) pay the amount deducted to the director.

(5) Payment by the corporation to the director from a debtor's prize of the amount set out in relation to the debtor in the director's notice discharges the corporation's obligation to the debtor to the extent of the payment.

21 Section 26 is amended by adding the following subsection:

(4.1) If a maintenance order registered under this section is varied, the maintenance order as varied is deemed to be registered and has the same priority as the registered maintenance order.

22 Section 29.1 is amended

(a) by repealing subsections (1) to (3) and substituting the following:

(1) If a maintenance order is filed with the director and the debtor is in default and the arrears under the maintenance order total $3 000 or more, the director may do either or both of the following:

(a) forward to the Insurance Corporation of British Columbia a notice stating that the debtor is in default and that action under this section is to be taken in relation to the debtor's driver's licence;

(b) forward to the Insurance Corporation of British Columbia a notice stating that the debtor is in default and that action under this section is to be taken in relation to a licence and corresponding number plates for any motor vehicle or trailer owned by the debtor.

(2) At least 30 days before forwarding a notice to the Insurance Corporation of British Columbia under subsection (1) (a), the director must give the debtor notice that action under this section will be taken in relation to the debtor's driver's licence.

(2.1) At least 60 days before forwarding a notice to the Insurance Corporation of British Columbia under subsection (1) (b), and again at least 30 days before forwarding the notice under subsection (1) (b), the director must give the debtor notice, which must be in the manner prescribed by the regulations, that action under this section will be taken in relation to a licence and corresponding number plates for any motor vehicle or trailer owned by the debtor.

(3) On receipt of a notice under subsection (1) (a), the Insurance Corporation of British Columbia, for the applicable period under subsection (3.2), must not issue or renew a driver's licence of the debtor.

(3.1) On receipt of a notice under subsection (1) (b), the Insurance Corporation of British Columbia, for the applicable period under subsection (3.2), must not issue or renew a licence and corresponding number plates for a motor vehicle or trailer owned by the debtor.

(3.2) Subsections (3) and (3.1) apply in relation to a debtor from the date the Insurance Corporation of British Columbia receives the applicable notice under subsection (1) until the earliest of the following:

(a) the date the Insurance Corporation of British Columbia is advised by the director that the maintenance order

(i) has been withdrawn under section 6, or

(ii) is no longer in arrears;

(b) the date the director directs the Insurance Corporation of British Columbia under section 29.2 to disregard that notice. ,

(b) in subsection (4) by striking out "subsection (3) (b)" and substituting "subsection (3.2) (a) (ii)", and

(c) by repealing subsection (6) (a) and substituting the following:

(a) prepare and forward to the Insurance Corporation of British Columbia a further notice under subsection (1) without further notice to the debtor under subsection (2) or (2.1), as applicable, and .

23 Section 29.2 (1) (b) is amended by striking out "the lack of a driver's licence" and substituting "the lack of anything referred to in section 29.1 (3) or (3.1)".

24 The following section is added:

Order requiring security for maintenance payments

30.1 (1) Whether maintenance is in arrears or not, the director, or if an order is not filed with the director, the creditor, on notice to the debtor, may apply to a court for an order under subsection (2).

(2) On hearing an application under subsection (1), the court may order that, as security for payments in arrears or subsequent payments, the debtor provide security for maintenance payments in any form that the court directs.

(3) If the court makes or has made an order under subsection (2), the court may issue a warrant of execution, on application by the creditor or the director without notice to any other person.

(4) Section 27 (2) applies to a warrant of execution under subsection (3).

(5) Money realized when an order for security for maintenance payments is enforced under this section is not subject to distribution under the Creditor Assistance Act.

25 Section 43 (3) is repealed and the following substituted:

(3) Despite subsection (1), in prescribed circumstances the director may disclose to a reporting agency, as defined in section 106 of the Business Practices and Consumer Protection Act, prescribed information, including personal information, about a debtor.

26 Section 46 is amended

(a) by renumbering the section as section 46 (1),

(b) in subsection (1) by striking out "On application by the creditor or the director, the court may" and substituting "On application, the court may",

(c) in subsection (1) (a) by striking out "with a creditor or with the director" and substituting "with a creditor, a debtor or the director", and

(d) by adding the following subsection:

(2) An application under this section may be made by

(a) the director, if the maintenance order is filed with the director, or

(b) the creditor or debtor, if the maintenance order is not filed with the director.

27 Section 48 (1) is repealed and the following substituted:

(1) A person may appeal an order of the Provincial Court made under this Act to the Supreme Court and section 16 (3) to (7) of the Family Relations Act applies in respect of the appeal.

28 Section 51 (2) is amended

(a) in paragraph (i.6) by striking out "circumstances" and substituting "circumstances and information", and

(b) by adding the following paragraphs:

(i.7) prescribing the manner of giving notice under section 29.1 (2.1);

(i.8) prescribing the circumstances under which notice is deemed to have been given or deemed to have been received for the purposes of sections 29.1 (2) and (2.1);

(l.1) prescribing the manner, time and information for the purposes of section 15 (3.2);

(l.2) prescribing information for the purposes of section 25.1 (3) and an amount for the purposes of section 25.1 (4); .

 
Family Relations Act

29 Section 93.3 of the Family Relations Act, R.S.B.C. 1996, c. 128, is amended

(a) in subsection (1) by adding the following definitions:

"notification date" means the date on which both the payor and the payee are deemed, under the regulations, to have received a statement of recalculation;

"statement of recalculation" means a written notice by which the child support service notifies the parties of a recalculation under subsection (3) (b). ,

(b) by adding the following subsection:

(5.1) A child support order issued out of a prescribed registry must indicate the provision of the child support guidelines under which the order is made. ,

(c) by repealing subsections (9) and (10) and substituting the following:

(9) Subject to subsection (11), if child support is recalculated by the child support service under subsection (3) (b) and the recalculated child support differs from the current child support by at least the prescribed amount,

(a) the recalculated child support, or

(b) if the recalculated amount is corrected under subsection (9.1), the corrected recalculated child support,

is, 31 days after the notification date, deemed for all purposes to be the amount payable under the child support order or the child support agreement, as the case may be.

(9.1) The child support service may amend a statement of recalculation to correct one or more of the following:

(a) a clerical or typographical error;

(b) an arithmetical error made in the computation of the recalculated amount;

(c) an accidental or inadvertent error, omission or other similar mistake.

(9.2) The child support service may only make a correction under subsection (9.1) on the request of a party, made in the prescribed manner and form and within the prescribed time period.

(9.3) If a statement of recalculation is corrected under subsection (9.1), the child support service must notify the parties of the correction.

(10) If the payor or payee of child support does not agree with

(a) the recalculated amount, or

(b) if the recalculated amount is corrected under subsection (9.1), the corrected recalculated amount,

either party may, within 30 days after the notification date, apply to the court that made the child support order for an order under section 96. , and

(d) by adding the following subsection:

(14) A notice or other document required to be given or delivered under this section or the regulations is deemed to be received on the date at the end of the period prescribed by regulation.

30 Section 99 is amended

(a) by adding the following subsection:

(3.1) For the purpose of protecting the safety of a person that an enforcement officer is assisting under this section or of the proposed respondent or person against whom the maintenance order is made, or of a child of any of them, the enforcement officer may demand from any person or public body, including the government, information that

(a) is in a record in the possession or control of that person or public body, and

(b) concerns an order made for the protection of the person or child under section 810, 810.1 or 810.2 of the Criminal Code or section 37, 38 or 126 of this Act. ,

(b) in subsection (4) by striking out "Subsection (3) does not apply" and substituting "Subsections (3) and (3.1) do not apply", and

(c) in subsection (5) by striking out "demand under subsection (3)" and substituting "demand under subsection (3) or (3.1)".

31 Section 129 (4) is amended by adding the following paragraphs:

(g.1) respecting the manner and form of request and time period referred to in section 93.3 (9.2);

(h.1) prescribing when a notice or document is deemed to be received for the purposes of section 93.3 (14).

 
Financial Institutions Act

32 Section 242.1 (7) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by adding "46.2," after "44,".

 
Forest and Range Practices Act

33 Section 136 (5) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "44" and substituting "44, 46.2".

 
Hospital Act

34 Section 46 (4.2) of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by adding "46.2," after "44,".

 
Human Rights Code

35 Section 32 of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended by adding "46.1 (3) to (9)," after "46,".

 
Industry Training Authority Act

36 Section 11 (6) of the Industry Training Authority Act, S.B.C. 2003, c. 34, is amended by adding "46.2," after "44,".

 
Labour Relations Code

37 Section 115.1 of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by adding "46.1," after "46,".

 
Legal Profession Act

38 Section 27 of the Legal Profession Act, S.B.C. 1998, c. 9, is amended

(a) by repealing subsection (2) (f) and substituting the following:

(d.1) permit the practice standards committee established under paragraph (a) to make orders imposing conditions and limitations on lawyers' practices, and to require lawyers whose competence to practise law has been investigated to comply with those orders;

(f) permit the discipline committee established under section 36 (a) to consider

(i) the findings of an investigation into a lawyer's competence to practise law,

(ii) any remedial program undertaken or recommended,

(iii) any order that imposes conditions or limitations on the practice of a lawyer, and

(iv) any failure to comply with an order that imposes conditions or limitations on the practice of a lawyer. , and

(b) by adding the following subsection:

(4) Rules made under subsection (2) (d.1)

(a) may include rules respecting

(i) the making of orders by the practice standards committee, and

(ii) the conditions and limitations that may be imposed on the practice of a lawyer, and

(b) must not permit the imposition of conditions or limitations on the practice of a lawyer before the lawyer has been notified of the reasons for the proposed order and given a reasonable opportunity to make representations respecting those reasons.

39 The following section is added:

Society request for evidence

45.1 (1) On application by the society, if it appears to the Supreme Court that a person outside British Columbia may have evidence that may be relevant to an investigation or a hearing under this Act, the Supreme Court may issue a letter of request directed to the judicial authority of the jurisdiction in which the person who may have evidence is believed to be located.

(2) A letter of request issued under subsection (1) must be

(a) signed by a judge of the Supreme Court, and

(b) provided to the society for use under subsection (5).

(3) A letter of request issued under subsection (1) may request the judicial authority to which it is directed to do one or more of the following:

(a) order the person referred to in the letter of request to be examined under oath in the manner, at the place and by the date referred to in the letter of request;

(b) in the case of an examination for the purposes of a hearing, order that a person who is a party to the hearing is entitled to

(i) be present or represented by counsel during the examination, and

(ii) examine the person referred to in paragraph (a);

(c) appoint a person as the examiner to conduct the examination;

(d) order the person to be examined to produce at the examination a record or thing specified in the letter of request;

(e) direct that the evidence obtained by the examination be recorded and certified in the manner specified in the letter of request;

(f) take any other action that the Supreme Court considers appropriate.

(4) The failure of a person entitled under subsection (3) (b) to be present or represented by counsel during an examination or to examine the person referred to in subsection (3) (a) does not prevent the society from reading in the evidence from the examination at a hearing, if the examination has otherwise been conducted in accordance with the letter of request.

(5) The society must send a letter of request issued under subsection (1),

(a) if an examination is to be held in Canada, to the Deputy Attorney General for the Province of British Columbia, or

(b) if an examination is to be held outside Canada, to the Under Secretary of State for Foreign Affairs of Canada.

(6) A letter of request must have attached to it all of the following:

(a) any questions to be put to the person to be examined;

(b) if known, the name, address and telephone number of

(i) the solicitor or agent of the society,

(ii) the person to be examined, and

(iii) if applicable, the person entitled under subsection (3) (b) to be present or represented by counsel during the examination and to examine the person referred to in subsection (3) (a);

(c) a translation of the letter of request and any questions into the official language of the jurisdiction where the examination is to take place, if necessary, along with a certificate of the translator, bearing the full name and address of the translator, and certifying that the translation is a true and complete translation.

(7) The society must file with the Deputy Attorney General for the Province of British Columbia or with the Under Secretary of State for Foreign Affairs of Canada, as the case may be, an undertaking to be responsible for any charge and expense incurred by either of them in relation to the letter of request and to pay them on receiving notification from them of the amount.

(8) This section does not limit any power the society may have to obtain evidence outside British Columbia by any other means.

(9) The making of an order by a judicial authority in accordance with a letter of request issued under subsection (1) does not determine whether evidence obtained under the order is admissible in evidence in a hearing.

(10) Unless otherwise provided by this section, the practice and procedure for appointing a person, conducting an examination and certifying and returning the appointment under this section, as far as possible, is the same as the practice and procedure that govern similar matters in civil proceedings in the Supreme Court.

40 Section 47 is amended by adding the following subsection:

(4.1) Despite the requirement of section 6 (2) that at least 7 benchers be present at a meeting of the benchers, if

(a) a bencher who is hearing a review under this section is unable for any reason to complete the bencher's duties in respect of the review, and

(b) at least 5 benchers remain to hear the review,

the remaining benchers may continue to hear the review and make a final decision, and the vacancy does not invalidate the review.

41 Section 50 (1) is amended by adding "or the society" after "a practising lawyer".

42 The following section is added:

If society appointed as custodian

50.1 If the society is appointed as a custodian, the executive director must

(a) designate a person who is

(i) an employee of the society, and

(ii) a practising lawyer, or

(b) retain the services of a practising lawyer

to perform the duties and functions and exercise the powers of a custodian on behalf of the society.

43 Section 54 (2) (b) is amended by adding "or the society" after "another practising lawyer".

 
Legal Services Society Act

44 Section 9 of the Legal Services Society Act, S.B.C. 2002, c. 30, is amended

(a) by repealing subsection (1) and substituting the following:

(1) The objects of the society are,

(a) subject to section 10 (3), to assist individuals to resolve their legal problems and facilitate their access to justice,

(b) subject to section 10 (3), to establish and administer an effective and efficient system for providing legal aid to individuals in British Columbia, and

(c) to provide advice to the Attorney General respecting legal aid and access to justice for individuals in British Columbia. ,

(b) by repealing subsection (2) (a) and substituting the following:

(a) the society is to give priority to identifying and assessing the legal needs of low-income individuals in British Columbia; , and

(c) in subsection (2) (d) by striking out "provides legal aid" and substituting "carries out its objects".

 
Manufactured Home Park Tenancy Act

45 Section 71.1 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by adding "46.3," after "44,".

 
Mental Health Act

46 Section 24.2 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by adding "46.2," after "44,".

 
Motor Vehicle Act

47 Section 26 (1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) by striking out "or" at the end of paragraph (e),

(b) by adding ", or" at the end of paragraph (f), and

(c) by adding the following paragraph:

(g) is refused a driver's licence in another province or territory of Canada for failure to pay maintenance, support or alimony in that province or territory.

48 Section 83 is amended

(a) by adding the following subsection:

(2.1) The owner of a motor vehicle must be held liable for the contravention of a prescribed enactment in relation to parking. , and

(b) in subsections (3), (6) and (7) by striking out "under subsection (2)" and substituting "under subsection (2) or (2.1)".

49 Section 210 (3) is amended by adding the following paragraph:

(r.1) prescribing enactments in relation to parking for the purposes of section 83 (2.1); .

 
Natural Products Marketing (BC) Act

50 Section 3.1 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended by adding "46.2," after "46,".

 
Offence Act

51 Section 14 of the Offence Act, R.S.B.C. 1996, c. 338, is amended

(a) in subsection (6) by striking out "under section 83.1 (2) or (2.1) of the Motor Vehicle Act" and substituting "under section 83 (2.1) or 83.1 (2) or (2.1) of the Motor Vehicle Act", and

(b) by repealing subsection (7) and substituting the following:

(7) If service is required by this section, an enforcement officer may serve, or cause to be served, a copy of the violation ticket on the person alleged to have contravened the enactment

(a) immediately after the alleged contravention,

(b) in the same manner as a summons is required to be served under this Act, or

(c) outside the province in accordance with section 14.1.

52 The following section is added:

Service of violation tickets outside British Columbia

14.1 (1) A copy of a violation ticket may be served outside British Columbia in accordance with this section.

(2) A copy of a violation ticket may be served outside British Columbia on an individual by an enforcement officer who must deliver it personally to the individual to whom it is issued.

(3) A copy of a violation ticket may be served outside British Columbia on a corporation that does not have a registered or branch office in British Columbia

(a) by an enforcement officer who must deliver it to a director, or to a manager, secretary or other executive officer, of the corporation or a branch of it, or

(b) if after hearing evidence that a person referred to in paragraph (a) cannot be conveniently found, a justice so orders, by leaving it at, or by mailing it by registered post addressed to, the registered or principal office of the corporation.

(4) Service under this section may be proven

(a) as authorized under section 31, or

(b) by affidavit of the enforcement officer who effected service stating when, where and how service was effected.

53 Section 15.2 is amended by adding the following subsection:

(3) On a trial of a violation ticket for a prescribed offence, or for a prescribed offence in prescribed circumstances, the defendant may appear and defend

(a) by video conferencing, if video conferencing equipment is available at the location of the Provincial Court where the trial is held, or

(b) by telephone.

54 Section 132 (2)

(a) is amended by repealing paragraph (c) and substituting the following:

(c) designating any person or class of persons as an enforcement officer and prescribing the enactments in respect of which a designated person or class of persons may

(i) issue a violation ticket under section 14,

(ii) issue an appearance notice under section 39 (1),

(iii) issue both a violation ticket and an appearance notice, or

(iv) serve a copy of a violation ticket outside British Columbia under section 14.1; , and

(b) is amended by adding the following paragraph:

(e.2) prescribing offences, or offences and circumstances, for the purpose of section 15.2 (3); .

 
Passenger Transportation Act

55 Section 6 (3) of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended by adding "46.3," after "44,".

 
Petroleum and Natural Gas Act

56 Section 13 (6) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by adding "46.3," after "44,".

 
Provincial Court Act

57 Section 10 (3) of the Provincial Court Act, R.S.B.C. 1996, c. 379, is repealed and the following substituted:

(3) The chief judge may designate a judge as an administrative judge to have, subject to the direction of the chief judge, the powers and duties of the chief judge under section 11 (1) in an area of British Columbia the chief judge designates.

58 Section 41 is amended by adding the following subsection:

(3.1) The chief administrator of court services, for the purposes of carrying out his or her duties under this Act, may disclose to the chief judge information regarding the conduct of persons appointed under subsection (3) in the performance of their duties under this Act.

 
Residential Tenancy Act

59 Section 78.1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding "46.3," after "44,".

 
Safety Standards Act

60 Section 44 of the Safety Standards Act, S.B.C. 2003, c. 39, is amended by adding "46.3," after "44,".

 
School Act

61 Section 11.7 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following paragraph:

(f.1) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code]; .

 
Securities Act, R.S.B.C. 1996, c. 418

62 Section 4.1 of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "46" and substituting "46, 46.1".

 
Securities Act, S.B.C. 2004, c. 43

63 Section 136 of the Securities Act, S.B.C. 2004, c. 43, as enacted by section 162 of the Administrative Tribunals Act, S.B.C. 2004, c. 45, is amended by striking out "46" and substituting "46, 46.1".

 
Supreme Court Act

64 The Supreme Court Act, R.S.B.C. 1996, c. 443, is amended by adding the following section:

Conferences

4.1 The Chief Justice may require a judge to attend a meeting, conference or seminar for a purpose relating to the administration of justice.

65 Section 10 is amended by adding the following subsection:

(4) The chief administrator of court services, for the purposes of carrying out his or her duties under this Act, may disclose to the Chief Justice information regarding the conduct of persons appointed under subsection (2) in the performance of their duties under this Act.

 
Utilities Commission Act

66 Section 2 (4) of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by adding "46.3," after "44,".

 
Workers Compensation Act

67 Section 232 (10) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is repealed and the following substituted:

(10) Despite subsections (3) to (5), if a member of the appeal tribunal is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time,

(a) the Lieutenant Governor in Council, if the member is the chair, or

(b) the chair, if the member is a vice chair or extraordinary member,

may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to full duty or the member's term expires, whichever comes first.

(11) The appointment of a person to replace a member under subsection (10) is not affected by the member returning to less than full duty.

68 Section 245.1 is amended by adding "46.3," after "44,".

Part 2 -- Interpretation Act Amendment and
Consequential and Related Amendments

 
Interpretation Act

69 Section 33 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by adding the following subsection:

(6) If an enactment refers to a matter "under" a named or unnamed Act, an Act in that reference includes regulations enacted under the authority of that Act.

Consequential and Related Amendments

 
Accountants (Certified General) Act

70 Section 24 (1) of the Accountants (Certified General) Act, R.S.B.C. 1996, c. 2, is amended by striking out "by this Act or the bylaws" and substituting "under this Act".

 
Accountants (Chartered) Act

71 Section 25 (1) of the Accountants (Chartered) Act, R.S.B.C. 1996, c. 3, is amended by striking out "by this Act or the bylaws" and substituting "under this Act".

 
Agricultural Land Commission Act

72 Sections 18 and 19 of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, are amended by striking out "by this Act, the regulations or the terms imposed in an order of the commission" and substituting "under this Act".

73 Sections 20 (1), 21 (1) and 46 (5) (a) are amended by striking out "by this Act, the regulations or an order of the commission" and substituting "under this Act".

 
Applied Science Technologists and Technicians Act

74 Section 18 (2) (k) of the Applied Science Technologists and Technicians Act, R.S.B.C. 1996, c. 15, is amended by striking out "under the Act, regulations or bylaws" and substituting "under this Act".

 
Auditor General Act

75 Section 10 (11) of the Auditor General Act, S.B.C. 2003, c. 2, is amended by striking out "by or in accordance with another enactment" and substituting "under another enactment".

 
Business Corporations Act

76 Section 7 (1) and (4) (b) of the Business Corporations Act, S.B.C. 2002, c. 57, is amended by striking out "by this Act, the regulations or the memorandum or articles" and substituting "under this Act or the memorandum or articles".

77 Section 186 (2) (a) is amended by striking out "by this Act, the regulations, the memorandum or the articles" and substituting "under this Act, the memorandum or the articles".

 
Business Paper Reduction Act

78 Section 1 of the Business Paper Reduction Act, S.B.C. 1998, c. 26, is amended by repealing the definition of "under this Act".

 
Coal Act

79 Section 28 (c) and (d) of the Coal Act, S.B.C. 2004, c. 15, is amended by striking out "or under an order of the minister".

 
College of Applied Biology Act

80 Section 2 (2) of the College of Applied Biology Act, S.B.C. 2002, c. 68, is amended by striking out "and the rules".

 
Commercial Transport Act

81 Section 6 (2) (c) of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended by striking out "and its regulations".

 
Community Care and Assisted Living Act

82 Section 34 (2) (p) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended by striking out "under this Act or the regulations" and substituting "of this Act or the regulations".

 
Corporation Capital Tax Act

83 Section 23 (1) of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is amended by striking out "or the regulations".

84 Section 47 (2) (a) is amended by striking out "by or under this Act or the regulations" and substituting "under this Act".

 
Dentists Act

85 Section 1 of the Dentists Act, R.S.B.C. 1996, c. 94, is amended by repealing the definition of "registered under this Act" and substituting the following:

"registered as a member" means registered under this Act as a member of the college; .

86 Section 1, in the definition of "registrant", and sections 5 (c), 8 (1) and (2), 26 (5) (d), 27, 28 (3) (b), 66, 67 (3) and (4), 70, 78 and 80 are amended by striking out "registered under this Act" wherever it appears and substituting "registered as a member".

87 Section 28 (4) (c) is amended by striking out "and the rules made under this Act".

88 Sections 32 (b) and 76 (4) are amended by striking out "registered under this Act" and substituting "registered as members".

 
Drainage, Ditch and Dike Act

89 Section 170 (1) of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended by striking out "by or under any statute" and substituting "under any Act".

 
Emergency Program Act

90 Section 2 (2) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by striking out "by this Act, the regulations and the minister" and substituting "under this Act or by the minister".

 
Employment Standards Act

91 Section 100 (1) and (2) (b) of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by striking out "under this Act, the former Act or the regulations under either Act" and substituting "under this Act or the former Act".

 
Engineers and Geoscientists Act

92 Section 2 (5) (a) and (b) of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is repealed and the following substituted:

(a) to do regulated work in relation to boiler, pressure vessel and refrigeration systems and equipment under the Safety Standards Act, or

(b) under the Mines Act.

93 Section 5 is amended by striking out "and the bylaws of the association".

94 Sections 8 (2) (b) and 15 (2) are amended by striking out "by this Act or by the bylaws" and substituting "under this Act".

 
Environmental Management Act

95 Sections 31 (3) (d) and 32 (2) (d) of the Environmental Management Act, S.B.C. 2003, c. 53, are amended by striking out "by this Act or a regulation, permit, order or approved waste management plan under this Act" and substituting "under this Act".

96 Section 46 (1) (f) (i) is amended by striking out "by or under statute" and substituting "under an Act".

 
Estates of Missing Persons Act

97 Section 9 of the Estates of Missing Persons Act, R.S.B.C. 1996, c. 123, is amended by striking out "and rules under it".

 
Food Safety Act

98 Section 15 (4) of the Food Safety Act, S.B.C. 2002, c. 28, is amended by striking out "by or under this Act or the regulations or under the authority of a warrant." and substituting "under this Act."

 
Forest Act

99 Sections 15 (2) (b) (ii), 36 (2) (b) (ii), 46 (2) (b) (ii), 76 (1) and (1.1), 78.1 (1) and 81 (1) (b) (ii) of the Forest Act, R.S.B.C. 1996, c. 157, are amended by striking out "under this Act or the regulations or the Forest and Range Practices Act or the regulations made under that Act" and substituting "under this Act or the Forest and Range Practices Act".

100 Section 54.6 (1) (c) (ii) is repealed and the following substituted:

(ii) imposed with respect to the agreement under this Act, the Forest and Range Practices Act or the Wildfire Act.

101 Section 130 (1.1) (a) is amended by striking out "the Forest and Range Practices Act, the Wildfire Act, or a regulation made under any of them," and substituting "the Forest and Range Practices Act or the Wildfire Act,".

102 Section 142 is amended by striking out "or under regulations under either Act".

 
Forest and Range Practices Act

103 Section 1 (1), in the definition of "determination", and sections 97 (1) (b), 109 (2), (3) and (4), 110 (1), 116 (1), 119, 120 (2), 143 (1) and 146 (3) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, are amended by striking out "under this Act, the regulations or the standards" and substituting "under this Act".

104 Section 52 (1) (a) is repealed and the following substituted:

(a) under this Act, the Forest Act or an agreement under the Forest Act, .

105 Section 107 (1) (a) is amended by striking out "under this Act, the regulations or standards," and substituting "under this Act,".

106 Section 108 (1) is amended by striking out "under this Act, the regulations, standards or operational plan," and substituting "under this Act or an operational plan,".

107 Section 109 is amended

(a) in subsection (2) by striking out "the Freedom of Information and Protection of Privacy Act and the regulations under that Act" and substituting "under the Freedom of Information and Protection of Privacy Act", and

(b) in subsection (3) (b) by striking out "or the regulations under that Act".

108 Section 113 is repealed and the following substituted:

Extension of time

113 The minister, or a person the minister authorizes in writing, may extend a time required to do anything under this Act other than

(a) an appeal of a determination,

(b) the time within which a proceeding must or may be commenced,

(c) the time within which the minister must give the notice referred to in section 107 (4), or

(d) anything under the regulations or standards if the regulations or standards specifically provide otherwise.

109 Section 144 (1) is amended by striking out "under this Act, the Forest Act, the Range Act, the regulations under any of them or an agreement entered into under any of those Acts or regulations." and substituting "under this Act, the Forest Act, the Range Act or an agreement entered into under any of those Acts."

110 Section 162 is amended by striking out "under an operational plan, this Act, the regulations or the standards." and substituting "under an operational plan or this Act."

111 Section 163 (1) is repealed and the following substituted:

(1) The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act, the Forest Act or the Range Act.

112 Section 170 (1) (a) is amended by striking out "under this Act, the regulations and the standards" and substituting "under this Act".

 
Forest Practices Code of British Columbia Act

113 Section 197 (1) (b) (ii) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by striking out "under the Forest Act and the Range Act and the regulations relating to those reviews and appeals" and substituting "under the Forest Act and the Range Act".

114 Section 200 (1) is amended by striking out "the provision, under this Act or the regulations or standards," and substituting "the provision under this Act".

 
Foresters Act

115 Sections 9 (1) (l), 17 (3), 18 (2), 26 (1) and (2) and 31 (1) (a) and (b) of the Foresters Act, S.B.C. 2003, c. 19, are amended by striking out "under this Act, the bylaws or the resolutions" and substituting "under this Act".

116 Sections 15, 19 (1), in the definition of "transferring professional forester", and 32 (4) (a) are amended by striking out "under this Act, the bylaws and the resolutions" and substituting "under this Act".

 
Health Act

117 Section 8 (2) (l) (i) of the Health Act, R.S.B.C. 1996, c. 179, is amended by striking out "or the regulations or orders made under this Act,".

118 Sections 26 (2) and 27 (2) are amended by striking out "and any resolution or bylaw passed under that Act".

119 Section 100 is amended by striking out "or under any regulations made under those Acts,".

120 Section 105 (1) is amended by striking out "under this Act, or under any regulation or bylaw enacted or in force under this Act," and substituting "under this Act".

 
Health Professions Act

121 Section 16 (2) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in paragraph (i) by striking out "under this Act, the regulations and the bylaws of the college" and substituting "under this Act", and

(b) in paragraph (j) by striking out "by this Act, the regulations or the bylaws" and substituting "under this Act".

122 Section 18.1 (2) is amended by striking out "under this Act, the regulations or the bylaws of a college or its board." and substituting "under this Act."

123 Section 18.2 (2) (a) is amended by striking out "under this Act, the regulations or the bylaws of the college" and substituting "under this Act".

124 Section 39 (1) (b) is amended by striking out "by this Act, a regulation or a bylaw" and substituting "under this Act".

125 Section 49 (1) is amended by striking out "given by this Act, the regulations and the bylaws" and substituting "conferred under this Act".

126 Section 52 (2) is amended by striking out "by this Act, the regulations or the bylaws" and substituting "under this Act".

 
Hospital District Act

127 Section 20 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended

(a) in subsection (1) (f) by striking out "by or under this Act or specified in letters patent" and substituting "under this Act", and

(b) in subsection (2) by striking out "by or under this Act, the regulations and the letters patent of the district." and substituting "under this Act."

 
Industrial Roads Act

128 Section 24 (1) (c) of the Industrial Roads Act, R.S.B.C. 1996, c. 189, is amended by striking out "under and by authority of this Act" and substituting "under this Act".

 
Insurance Corporation Act

129 Section 8.1 (1), (3), (4), (6) and (7) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "or the regulations made under either of those Acts".

130 Section 9 (2) (g) is amended by striking out "and the regulations made under those Acts".

131 Section 21 (1) is amended by striking out "under this Act and regulations, or any other Act or regulations" and substituting "under this or any other Act".

132 Section 30 (2) is amended by striking out "under this Act, regulations or any insurance plan established under any Act" and substituting "under this Act or any insurance plan established under any Act".

 
Insurance (Motor Vehicle) Act

133 Section 1 (1) of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is amended

(a) in the definition of "point penalties" by striking out "under the Motor Vehicle Act and regulations, or under this Act and the regulations;" and substituting "under the Motor Vehicle Act or this Act;", and

(b) in the definition of "registration and licence" by striking out "under the Motor Vehicle Act or regulations" and substituting "under the Motor Vehicle Act" and by striking out "under the Passenger Transportation Act or regulations, or the Commercial Transport Act or regulations" and substituting "under the Passenger Transportation Act or the Commercial Transport Act".

134 Section 1.1, as enacted by section 4 of the Insurance (Motor Vehicle) Amendment Act, 2003, S.B.C. 2003, c. 94, is amended in the definition of "point penalties" by striking out "and regulations,".

135 Section 2 is amended by striking out "and regulations".

136 Section 2, as enacted by section 5 of the Insurance (Motor Vehicle) Amendment Act, 2003, is amended by striking out "and the regulations under that Act".

137 Section 24 (8) is amended by striking out "under this Act, the regulations" and substituting "under this Act".

138 Section 30.1 (1) is amended in the definition of "motor vehicle indebtedness" by adding "or" at the end of paragraph (g) (vi), by striking out ", or" at the end of paragraph (g) (vii) and by repealing paragraph (g) (viii).

139 Section 45 (2) (v) is amended by striking out "and regulations".

140 Section 93.1 (1), as enacted by section 41 of the Insurance (Motor Vehicle) Amendment Act, 2003, as that section 41 was amended by section 47 of the Public Safety and Solicitor General Statutes Amendment Act, 2006, S.B.C. 2006, c. 28, is amended in the definition of "vehicle indebtedness" by adding "or" at the end of paragraph (f) (vi), by striking out ", or" at the end of paragraph (f) (vii) and by repealing paragraph (f) (viii).

 
Justice Administration Act

141 Section 1 of the Justice Administration Act, R.S.B.C. 1996, c. 243, is amended in the definition of "administration of justice" by striking out "under an Act or rule or regulation made under an Act," and substituting "under an Act,".

 
Labour Relations Code

142 Sections 124 (2), 135 (1) and 138 of the Labour Relations Code, R.S.B.C. 1996, c. 244, are amended by striking out "under this Code, a collective agreement or the regulations" and substituting "under this Code or a collective agreement".

 
Land Title Act

143 Section 18 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "under this Act or any other Act, or under an order or regulation made under this Act or any other Act," and substituting "under this or any other Act".

144 Section 386 (10) is amended by striking out "or regulations under that Act".

 
Legal Profession Act

145 Sections 25 (1) and 90 of the Legal Profession Act, S.B.C. 1998, c. 9, are amended by striking out "and the rules".

 
Liquor Control and Licensing Act

146 Section 34 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by striking out "by this Act and the regulations or the Liquor Distribution Act" and substituting "under this Act or by the Liquor Distribution Act".

 
Liquor Distribution Act

147 Section 13.1 of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by striking out "or under regulations made under this Act".

 
Local Government Act

148 Section 46 (3) (a) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "by this Act or by a regulation or bylaw under this Act" and substituting "under this Act".

 
Medical Practitioners Act

149 Section 70 (8) and (9) of the Medical Practitioners Act, R.S.B.C. 1996, c. 285, is amended by striking out "or the rules under section 5".

 
Medicare Protection Act

150 Section 13 (6) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed and the following substituted:

(6) A practitioner is not entitled to be paid if that practitioner provides a service contrary to any directions or prohibitions that have been imposed on that practitioner

(a) by the appropriate disciplinary body,

(b) under this Act, or

(c) by rules that regulate services provided by the practitioner.

 
Milk Industry Act

151 Section 35 (1) of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended by striking out "by this Act, or any regulation or order made or bylaw passed under this Act" and substituting "under this Act".

 
Mineral Tax Act

152 Sections 39 (2) and 40 (1) (a) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, are amended by striking out "or a regulation".

 
Mines Act

153 Section 19 (1) (a) and (b) of the Mines Act, R.S.B.C. 1996, c. 293, is amended by striking out "under this Act, the regulations or the code" and substituting "under this Act".

 
Motor Vehicle Act

154 Section 13 (2) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "by this Act, the regulations or a direction" and substituting "under this Act or by a direction".

155 Section 26 (1) (c) is amended by adding "or" at the end of subparagraph (vi), by striking out "or" at the end of subparagraph (vii) and by repealing subparagraph (viii).

156 Section 98 (2) (a) and (b) is repealed and the following substituted:

(a) an offence under this Act, or .

157 Section 104 (1) (b) and (c) is amended by striking out "or its regulations".

158 Section 116.1 (3) (a) is amended by striking out ", or regulations made under any of them,".

159 Section 124 (11) is amended by striking out "and by".

160 Section 201 is amended by striking out "under this Act or the regulations and in accordance with them." and substituting "under this Act and in accordance with this Act and the regulations."

 
Notaries Act

161 Section 64 of the Notaries Act, R.S.B.C. 1996, c. 334, is amended by striking out "by this Act, the regulations, the rules and the bylaws" and substituting "under this Act".

 
Offence Act

162 Section 132 (2) (e) of the Offence Act, R.S.B.C. 1996, c. 338, is amended by striking out "or the regulations made under it".

 
Optometrists Act

163 Section 1 of the Optometrists Act, R.S.B.C. 1996, c. 342, is amended in the definition of "optometrist" by striking out "or the rules made under this Act".

 
Passenger Transportation Act

164 Section 3 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended by striking out "or regulations made under any of them".

 
Personal Property Security Act

165 Section 54 (5) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is amended by striking out "or regulations made under this Act".

 
Petroleum and Natural Gas Act

166 Section 6 (2) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by striking out "and regulations under that Act".

167 Section 134 (4) (a) is amended by striking out "by or under this Act or the regulations" and substituting "under this Act".

 
Pharmacists, Pharmacy Operations and Drug Scheduling Act

168 Section 2 (3) (m) of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is amended by striking out "under this Act and the bylaws and under the Freedom of Information and Protection of Privacy Act;" and substituting "under this Act and the Freedom of Information and Protection of Privacy Act;".

169 Section 43 (1) is amended by striking out "under this Act, the regulations or bylaws." and substituting "under this Act."

170 Sections 45 (2) (b) (ii) and 48 (8) (b) are amended by striking out "the drug schedules or the bylaws,".

171 Section 81 (1) is amended by striking out "under this Act, the drug schedules, the bylaws or the rules" and substituting "under this Act".

 
Pharmacy Operations and Drug Scheduling Act

172 Section 33 (1) (a) and (b) of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended by striking out "under this Act, the drug schedules or the bylaws" and substituting "under this Act".

 
Pipeline Act

173 Section 1 (1) of the Pipeline Act, R.S.B.C. 1996, c. 364, is amended in the definition of "Crown land" by striking out "or regulation".

 
Police Act

174 Section 40 (1) (i) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "or the regulations" and by striking out "and its regulations".

 
Private Career Training Institutions Act

175 Sections 3 (c), 8 (1) (b) and 9 (1) (b) of the Private Career Training Institutions Act, S.B.C. 2003, c. 79, are amended by striking out "under this Act, the regulations and the bylaws" and substituting "under this Act".

 
Protected Areas of British Columbia Act

176 Section 3 (6) of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by striking out " 'a reference to "by or under the Park Act or the Protected Areas of British Columbia Act".' " and substituting " 'a reference to "under the Park Act or the Protected Areas of British Columbia Act". ' "

 
Public Sector Pension Plans Act

177 Section 16 (8) of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is amended by striking out "under that Act and its regulations." and substituting "under that Act."

178 Section 2 (1) and (4) of Schedule A is amended by striking out "by and".

 
Public Service Labour Relations Act

179 Section 12 (d) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended by striking out "and regulations".

 
Railway Act

180 Section 253 (1) of the Railway Act, R.S.B.C. 1996, c. 395, is amended by striking out "under and by authority of this Act" and substituting "under this Act".

 
Range Act

181 Sections 23 (2) (b) (ii), 26 (1) (d) (ii), 55 and 56 of the Range Act, S.B.C. 2004, c. 71, are amended by striking out "under this Act, the Forest and Range Practices Act or the regulations under them" and substituting "under this Act or the Forest and Range Practices Act".

182 Section 68 (2) (c) is amended by striking out "under this Act and the regulations and the Forest and Range Practices Act and the regulations and standards under that Act," and substituting "under this Act and the Forest and Range Practices Act,".

 
Securities Act

183 Section 168 (a) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "or by the regulations".

184 Section 171 is amended by striking out "the regulations,".

185 Section 183 (3), (14), (31) and (36) is amended by striking out "under this Act, the regulations or the commission rules" and substituting "under this Act".

186 Sections 183 (44) and 188 (1) are amended by striking out "under this Act, the regulations and the commission rules" and substituting "under this Act".

 
Social Service Tax Act

187 Section 84 (3) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by striking out "under the Act or regulations" and substituting "under this Act".

 
Strata Property Act

188 Section 38 (a) and (b) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by striking out "under this Act, the regulations" and substituting "under this Act".

189 Sections 61 (1), 63 (1), 147 (1), 148 (2), 165 (a), 171 (1) (d), 173 (a) and 177 (3) (d) are amended by striking out "the regulations,".

190 Section 220 is amended by striking out "under the declaration, this Act and the regulations" and substituting "under the declaration and this Act".

191 Sections 257 (b) (i) (B), 258 (7) (b), 259 (3) (b) (i) (C), 262 (3) (c) (i) (C), 263 (2) (b) (i) (C), 266 (3) (b) (i) (C), 269 (2) (b) (ii) (C) and 274 (d) are amended by striking out "and the regulations made under that Act".

 
Teaching Profession Act

192 Sections 26 (1.1), 27 (1.1) and 28 (1.1) of the Teaching Profession Act, R.S.B.C. 1996, c. 449, are amended by striking out "under the Act or bylaws" and substituting "under this Act".

 
Transportation Investment Act

193 Sections 9 (c) and 10 (1) (a) and (b) of the Transportation Investment Act, S.B.C. 2002, c. 65, are amended by striking out "under the concession agreement, this Act or the regulations" and substituting "under the concession agreement or this Act".

 
University Endowment Land Act

194 Section 15 of the University Endowment Land Act, R.S.B.C. 1996, c. 469, is amended

(a) in subsection (1) (b) by striking out "or the regulations and bylaws under this Act", and

(b) in subsection (3) by striking out "or the regulations or bylaws under this Act".

 
Utilities Commission Act

195 Section 54 (13) of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is repealed and the following substituted:

(13) Nothing in subsection (12) relieves a person from any requirement under the Securities Act.

196 Section 123 (1) is amended by striking out "under this Act, rules or regulations" and substituting "under this Act".

 
Veterinarians Act

197 Section 30 (1) of the Veterinarians Act, R.S.B.C. 1996, c. 476, is amended by striking out "or the bylaws of the association".

 
Water Act

198 Section 1 of the Water Act, R.S.B.C. 1996, c. 483, is amended in the definition of "development district" by striking out "by or under a statute" and substituting "under an Act".

199 Section 12.1 (3) is amended by striking out "or the regulations".

 
Wildlife Act

200 Section 98 of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by striking out "under this Act, the Firearm Act or their regulations" and substituting "under this Act or the Firearm Act".

Schedules to this Act

201 The Acts listed in Column 1 of Schedule 1 are amended in the provisions listed opposite them in Column 2 by striking out "by or under" wherever it appears and substituting "under".

202 The Acts listed in Column 1 of Schedule 2 are amended in the provisions listed opposite them in Column 2 by striking out "by this Act and the regulations" and substituting "under this Act".

203 The Acts listed in Column 1 of Schedule 3 are amended in the provisions listed opposite them in Column 2 by striking out "by this Act and the rules" and substituting "under this Act".

204 The Acts listed in Column 1 of Schedule 4 are amended in the provisions listed opposite them in Column 2 by striking out "by this Act or the regulations" wherever it appears and substituting "under this Act".

205 The Acts listed in Column 1 of Schedule 5 are amended in the provisions listed opposite them in Column 2 by striking out "by this Act or the rules" and substituting "under this Act".

206 The Acts listed in Column 1 of Schedule 6 are amended in the provisions listed opposite them in Column 2 by striking out "or by virtue of".

207 The Acts listed in Column 1 of Schedule 7 are amended in the provisions listed opposite them in Column 2 by striking out "under the authority of this Act or the bylaws" and substituting "under this Act".

208 The Acts listed in Column 1 of Schedule 8 are amended in the provisions listed opposite them in Column 2 by striking out "under the Act or the regulations" and substituting "under this Act".

209 The Acts listed in Column 1 of Schedule 9 are amended in the provisions listed opposite them in Column 2 by striking out "under the authority of this Act or the regulations" and substituting "under the authority of this Act".

210 The Acts listed in Column 1 of Schedule 10 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act and regulations" and substituting "under this Act".

211 The Acts listed in Column 1 of Schedule 11 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act and the bylaws" and substituting "under this Act".

212 The Acts listed in Column 1 of Schedule 12 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act and the regulations" wherever it appears and substituting "under this Act".

213 The Acts listed in Column 1 of Schedule 13 are amended in the provisions listed opposite them in Column 2 by striking out "or regulations" wherever it appears.

214 The Acts listed in Column 1 of Schedule 14 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act or the bylaws" and substituting "under this Act".

215 The Acts listed in Column 1 of Schedule 15 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act or the regulations" wherever it appears and substituting "under this Act".

216 The Acts listed in Column 1 of Schedule 16 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act or the rules" and substituting "under this Act".

217 The Acts listed in Column 1 of Schedule 17 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act or under the regulations" and substituting "under this Act".

218 The Acts listed in Column 1 of Schedule 18 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act, the regulations" and substituting "under this Act".

219 The Acts listed in Column 1 of Schedule 19 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act, the regulations or the bylaws" and substituting "under this Act".

220 The Acts listed in Column 1 of Schedule 20 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act, the rules" and substituting "under this Act".

221 Sections 70 to 220 and Schedules 1 to 20 may be repealed by regulation of the Lieutenant Governor in Council.

Part 3 -- Validations, Confirmations and Repeals

Validations

Enabling and validating of judicial justices

222 (1) In this section, "judicial justice" means an individual referred to in subsection (2), (3) or (4).

(2) Gerry C. Foster is conclusively deemed to have been

(a) appointed, under section 30 of the Provincial Court Act as a justice of the peace, effective May 9, 2004, and

(b) designated, under section 30.1 of the Provincial Court Act as a judicial justice, effective May 10, 2004.

(3) Cheryl L. Harvey is conclusively deemed to have been

(a) appointed, under section 30 of the Provincial Court Act as a justice of the peace, effective May 31, 2005, and

(b) designated, under section 30.1 of the Provincial Court Act as a judicial justice, effective June 1, 2005.

(4) Georgina Daphne Jean Henderson is conclusively deemed to have been

(a) appointed, under section 30 of the Provincial Court Act as a justice of the peace, effective April 19, 2005, and

(b) designated, under section 30.1 of the Provincial Court Act as a judicial justice, effective April 20, 2005.

(5) All decisions, proceedings and other actions of the judicial justices that would have been valid had the judicial justices been appointed and designated on the dates referred to and as set out in subsections (2) to (4) are conclusively deemed to have been validly made, conducted and done.

(6) An oath sworn by a judicial justice under section 30 (2) of the Provincial Court Act is conclusively deemed to have continued uninterrupted and to continue in force.

(7) All payments made out of the consolidated revenue fund to or for the benefit of the judicial justices are conclusively deemed to have been validly made.

(8) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

B.C. Reg. 145/2006 validation

223 (1) B.C. Reg. 145/2006 is confirmed and validated and the amendments made by that regulation are given continuing effect.

(2) Despite B.C. Reg. 145/2006, the amendments made by that regulation are retroactive to April 21, 1997.

Confirmation

Confirmation of corrections to statutes

224 The corrections made by the following regulations, as those regulations have been published in Part 2 of the British Columbia Gazette, of errors in the statutes are confirmed:

(a) Ministry of Advanced Education Statutes Correction Regulation, 2006, B.C. Reg. 333/2006;

(b) Ministry of Agriculture and Lands Statutes Correction Regulation, 2006, B.C. Reg. 334/2006;

(c) Attorney General Statutes Correction Regulation, 2006, B.C. Reg. 335/2006;

(d) Ministry of Children and Family Development Statutes Correction Regulation, 2006, B.C. Reg. 336/2006;

(e) Ministry of Community Services Statutes Correction Regulation, 2006, B.C. Reg. 337/2006;

(f) Ministry of Economic Development Statutes Correction Regulation, 2006, B.C. Reg. 338/2006;

(g) Ministry of Education Statutes Correction Regulation, 2006, B.C. Reg. 339/2006;

(h) Ministry of Employment and Income Assistance Statutes Correction Regulation, 2006, B.C. Reg. 340/2006;

(i) Ministry of Energy, Mines and Petroleum Resources Statutes Correction Regulation, 2006, B.C. Reg. 341/2006;

(j) Ministry of Environment Statutes Correction Regulation, 2006, B.C. Reg. 342/2006;

(k) Ministry of Finance Statutes Correction Regulation, 2006, B.C. Reg. 343/2006;

(l) Ministry of Forests Statutes Correction Regulation, 2006, B.C. Reg. 344/2006;

(m) Ministry of Health Statutes Correction Regulation, 2006, B.C. Reg. 345/2006;

(n) Ministry of Labour and Citizens' Services Statutes Correction Regulation, 2006, B.C. Reg. 353/2006;

(o) Ministry of Public Safety and Solicitor General Statutes Correction Regulation, 2006, B.C. Reg. 346/2006;

(p) Ministry of Small Business and Revenue Statutes Correction Regulation, 2006, B.C. Reg. 347/2006;

(q) Ministry of Tourism, Sport and the Arts Statutes Correction Regulation, 2006, B.C. Reg. 348/2006;

(r) Ministry of Transportation Statutes Correction Regulation, 2006, B.C. Reg. 367/2006.

Repeals

Statute repeals

225 The following Acts are repealed:

(a) British Columbia Enterprise Corporation Financial Restructuring Act, S.B.C. 1987, c. 39;

(b) Burlington Northern Relocation Act, R.S.B.C. 1979, c. 41;

(c) Cabinet Appeals Abolition Act, S.B.C. 1993, c. 38;

(d) Carmanah Pacific Park Act, S.B.C. 1990, c. 36;

(e) Coquihalla Highway Construction Acceleration Act, S.B.C. 1985, c. 69;

(f) Development Corporation Act, R.S.B.C. 1979, c. 93;

(g) Equity Investment Plan Act, S.B.C. 1985, c. 71;

(h) Expo 86 Corporation Act, S.B.C. 1980, c. 59;

(i) Fuel Tax Validation Act, S.B.C. 1990, c. 8;

(j) Harbour Board Repeal Act, S.B.C. 1983, c. 5;

(k) Ocean Falls Corporation Repeal Act, S.B.C. 1983, c. 7;

(l) Petroleum Corporation Repeal Act, S.B.C. 1994, c. 55;

(m) Public Education Support Staff Collective Bargaining Assistance Act, S.B.C. 2000, c. 2;

(n) Rate Increase Restraint Act, S.B.C. 1982, c. 77;

(o) Senatorial Selection Act, S.B.C. 1990, c. 70;

(p) Traffic Victims Indemnity Fund Repeal Act, S.B.C. 1982, c. 30;

(q) Vancouver Centennial Celebration Act, S.B.C. 1982, c. 55;

(r) Wildlife Act, R.S.B.C. 1979, c. 433.

Amendments to Schedule 2 of Financial Information Act

226 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by repealing the following:

577315 British Columbia Ltd.

B.C. Community Financial Services Corporation

B.C. Festival of the Arts Society

British Columbia Trade Development Corporation

Discovery Enterprises Inc.

Discovery Foundation

Discovery Parks Inc.

Land and Water British Columbia Inc.

Pacific National Exhibition

Victoria Line Ltd.

Amendment to Schedule 2 of Freedom of Information
and Protection of Privacy Act

227 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by repealing the following:

Commencement

228 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

Schedule 11

Schedule 12

Schedule 13

Schedule 14

Schedule 15

Schedule 16

Schedule 17

Schedule 18

Schedule 19

Schedule 20